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Home My WebLink AboutAGENDA REPORT 2004 0204 CC REG ITEM 10CTO: FROM: DATE: ITEM 10-C. Q0 MOORPARK CITY COUNCIL AGENDA REPORT The Honorable City Council Kenneth C. Gilbert, Director of Public Works C Mary Lindley, Director of Community Services/ � January 22, 2003 (CC Meeting 2 -4 -04) SUBJECT: Initiate Proceedings Related to the Levy of Assessments for the Citywide Landscaping and Lighting Assessment District and the Parks and Recreation Maintenance Improvement District for Fiscal Year 2004/2005 EXECUTIVE SUMMARY This presents Resolutions initiating the proceedings necessary to consider extension of the Citywide Landscaping and Lighting Assessment Districts and the Parks and Recreation Maintenance Improvement District for Fiscal Year 2004/2005. DISCUSSION A. Landscaping and Lighting Assessment Districts 1. AD84 -2: In 1984, a Landscaping & Lighting Maintenance Assessment District (AD 84 -2), encompassing the entire City, was created to fund costs associated with street lighting and the maintenance of various landscaped areas in the City. This was a successor to the District enacted by the County of Ventura prior to the incorporation of the City. In subsequent years Zones of Benefit were added to fund the maintenance of certain specific areas. Later these Zones were changed to District 1 through District 12 [District 13 is now unassigned]. 2. AD01 -1, AD01 -2 & AD01 -3: In 2001 the City Council formed three new assessment districts to fund the maintenance of certain landscape improvements in and adjacent to: • Tract 5201 [Wilshire Builders]: AD01 -1 [District 14]; • Tract 4928 [Toll Brothers]: AD01 -2 [District 15]; and • Tract 5166 [Cabrillo]: AD01 -3 [District 16]. AD-2005—intent 0 00 1 1 ti Initiate Proceedings for Annual Assessments February 4, 2004 Page 2 B. Parks and Recreation Maintenance Improvement District In July 1999, the City successfully established an assessment district for the maintenance and improvement of City parks. The current Maintenance District is based on a "special" assessment. This means that the City assesses property owners for that portion of park maintenance and improvement activities that generate a "special" benefit. The City is responsible for funding activities that generate a "general" benefit. The Park Maintenance and Improvement Assessment District includes all existing 15 City parks. The amount of the assessment levied to property may be adjusted annually by a Cost of Living factor, not more than 3 percent. C. Engineer's Reports As part of the annual budget process, the City Council considers whether or not to renew the subject Assessment Districts and the levy related assessments for the upcoming fiscal year. According to state law, before assessments may be levied, an Engineer's Report must be prepared for each assessment district setting forth the amount of the assessments and the basis for establishing same. Shilts Consultants, the City's Assessment Engineer, has been retained to perform the services required to generate those Engineer's Reports. The preparation of an Engineer's Report does not require the City to approve the Engineer's Report and levy assessments. The purpose of the Engineer's Report is merely to develop the information necessary to make that decision. The report sets forth the items proposed to be funded by the districts and the methods used to distribute maintenance and improvement costs to all of the properties within each district. When completed, each Engineer's Report is submitted to the City Council for approval. Approval of an Engineer's Report by the City Council does not require the City to levy the assessments. Such approval merely allows the Engineer's Reports, and the assessments set forth therein, to be considered at subsequent public hearings. D. Schedule of Assessment Proceedinas The anticipated schedule to be followed in considering these matters is as follows: February: Adopt Resolution initiating the proceedings AD-2005—intent 000 :.33 Initiate Proceedings for Annual Assessments February 4, 2004 Page 3 May: Adopt Resolution approving the Engineer's Reports and setting the date of public hearings to consider the levy of assessments June: Adopt Resolution approving the levy of assessments E. Resolutions of Intent In accordance with the requirements of applicable State law, the Resolutions attached as Exhibits 1 and 2 initiate the process required for the City Council to consider continuation of the subject Assessment Districts. Upon adoption of these Resolutions, the Assessment Engineer will prepare an Engineer's Report for Citywide Lighting and Landscaping Assessment Districts and a separate Engineer's Report for the Parks and Recreation Maintenance Improvement District. STAFF RECO144ENDATION Adopt Resolution Nos. 2004- and 2004- (Exhibits 1 and 2). Attachments: Exhibit 1: Resolution re: Initiating Proceeding for the Citywide Landscaping and Lighting Assessment District Exhibit 2: Resolution re: Initiating Proceedings for the Parks and Recreation Maintenance Improvement District AD_2005_intent 000134 Exhibit 1 RESOLUTION NO. 2004 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DIRECTING PREPARATION OF ANNUAL REPORT FOR CITY OF MOORPARK, LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICTS WHEREAS, the City of Moorpark provides for the maintenance and improvement of street lighting services through the City's Landscaping and Lighting Maintenance Assessment Districts. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. This Council ordered the formation of and levied the first assessments within the City of Moorpark Landscaping and Lighting Maintenance Assessment Districts No. AD84 -2, ADO1 -1, ADO1 -2, and ADO1 -3 (the "Landscaping and Lighting Districts ") pursuant to the provisions of the Landscaping and Lighting Act of 1972 (commencing at Section 22500 of the California Streets and Highways Code) (hereinafter "the Act "). SECTION 2. Sections 22620 et. seq., of the Act provide for the levy of annual assessments after formation of the Landscaping and Lighting Districts. Section 3. Within the Landscaping and Lighting Districts, the existing and proposed improvements and any substantial changes proposed to be made to the existing improvements are generally described as follows: Installation, maintenance and servicing of public facilities, including but not limited to one or more of street lights, public lighting facilities, landscaping, statuary, fountains, and other ornamental structures and facilities, entry monuments and all necessary appurtenances, debris basins, turf, ground cover, shrubs and trees, irrigation systems, drainage systems, lighting, fencing and any facilities which are appurtenant to any of the aforementioned or which are necessary or convenient for the maintenance or servicing thereof, including irrigation, electric current and energy; and to provide 000135 Resolution No. 2004 - Page 2 incidental expenses in connection therewith. Services provided include all necessary service, operations and maintenance of the above mentioned improvements, as applicable, for any property owned or maintained by the City of Moorpark. SECTION 4. Shilts Consultants, Inc. is hereby designated as Engineer of Work for purposes of these proceedings and is hereby ordered to prepare an Engineer's Report in accordance with Article 4 of Chapter 1 of the Act and Article XIID of the California Constitution. Upon completion, the Engineer shall file the Engineer's Report with the Clerk of the City Council for submission to the Council. SECTION 5. The City Clerk shall certify to the adoption of this resolution and cause a certified resolution to be filed in the book of original resolutions. PASSED AND ADOPTED this 4th day of February, 2004. ATTEST: Deborah S. Traffenstedt, City Clerk Patrick Hunter, Mayor 00101.36 Exhibit 2 RESOLUTION NO. 2004 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DIRECTING PREPARATION OF THE ENGINEER'S REPORT FOR THE PARKS AND RECREATION MAINTENANCE AND IMPROVEMENT DISTRICT WHEREAS, the City of Moorpark provides for the maintenance and improvement of parks and recreation services through the City's Parks and Recreation Maintenance and Improvement Assessment District; and WHEREAS, the City Council of the City of Moorpark proposes to continue the specified district for the fiscal year commencing July 1, 2004, and ending June 30, 2005. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. On July 15, 1999, by its Resolution No. 99- 1625, this Council ordered the formation of and levied the first assessment within the City of Moorpark Parks and Recreation Maintenance and Improvement District (the "Assessment District ") pursuant to the provisions of Article XIIID of the California Constitution, and the Landscaping and Lighting Act of 1972 (the "Act "), Part 2 of Division 15 of the California Streets and Highways Code (commencing with Section 22500 thereof). SECTION 2. The purpose of the Assessment District is for the installation, maintenance and servicing of improvements to the City of Moorpark, as described in Section 3 below. SECTION 3. Within the Assessment District, the existing and proposed improvements to be undertaken by the Assessment District are generally described as the installation, maintenance and servicing of public facilities, including but not limited to, landscaping, sprinkler systems, park grounds, park facilities, landscape corridors, ground cover, shrubs and trees, street frontages, playground equipment and hardcourt areas, senior and community centers, drainage systems, lighting, fencing, entry monuments, basketball courts, tennis courts, running tracks, other recreational facilities, security guards, graffiti removal and repainting, and labor, materials, supplies, utilities and equipment, as applicable, for property owned and maintained by the City of Moorpark. Installation means the construction of recreational improvements, including, but not 00013T Resolution No. 2004 - Page 2 limited to, land preparation, such as grading, leveling, cutting and filling, sod, landscaping, irrigation systems, sidewalks and drainage, lights, playground equipment, play courts, recreational facilities and public restrooms. Maintenance means the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of said improvements, including repair, removal, or replacement of all or part of any improvement; providing for the life, growth, health and beauty of landscaping; and cleaning, sandblasting and painting of walls and other improvements to remove or cover graffiti. Servicing means the furnishing of electric current or energy for the operation or lighting of any improvements, and water for irrigation of any landscaping or the maintenance of any other improvements. SECTION 4. Shilts Consultants, Inc. is hereby designated as Engineer of Work for purposes of these proceedings and is hereby ordered to prepare an Engineer's Report in accordance with Article 4 of Chapter 1 of the Act and Article XIIID of the California Constitution. Upon completion, the Engineer shall file the Engineer's Report with the Clerk of the Council for submission to the Council. PASSED AND ADOPTED this 4th day of February, 2004. ATTEST: Patrick Hunter, Mayor Deborah S. Traffenstedt, City Clerk 000138